A group of U.S. Senators on Wednesday introduced a measure called the NO FAKES Act, which would prohibit the creation of digital re-creations of a person’s voice or likeness without that individual’s consent.
The bipartisan initiative is courtesy of Sens. Chris Coons (D-DE), Marsha Blackburn (R-TN), Amy Klobuchar (D-MN) and Thom Tillis (R-NC). The complete title of the bill is the “Nurture Originals, Foster Art, and Keep Entertainment Safe Act of 2024.”
If passed into law, the legislation would make it possible for individuals to pursue damages if their voice, face or body were re-created by AI. Both individuals and companies will be held accountable for creating, hosting, or sharing unauthorized digital replicas, including those generated by AI.
“Everyone deserves the right to own and protect their voice and likeness, no matter if you’re Taylor Swift or anyone else,” Sen. Coons said. “Generative AI can be used as a tool to foster creativity, but that can’t come at the expense of the unauthorized exploitation of anyone’s voice or likeness.”
Legislation often struggles to keep pace with technological advancements, so advocates of the measure say it’s promising to see lawmakers addressing AI regulation with seriousness. The proposed act announced builds on the Senate’s recent passage of the DEFIANCE Act, which would enable victims of sexual deepfakes to seek damages.
The NO FAKES Act has garnered support from various entertainment organizations, including SAG-AFTRA, the RIAA, the Motion Picture Association, and the Recording Academy. The groups have been actively working to protect against unauthorized AI recreations. For instance, SAG-AFTRA recently went on strike against several game publishers in an effort to secure a union agreement for the use of likenesses in video games.
OpenAI is among the act’s backers. “OpenAI is pleased to support the NO FAKES Act, which would protect creators and artists from unauthorized digital replicas of their voices and likenesses,” said Anna Makanju, OpenAI’s vice president of global affairs. “Creators and artists should be protected from improper impersonation, and thoughtful legislation at the federal level can make a difference.”
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